regard, the Court has held that “As always, the onus of proof is on a party who asserts
a fact and who will fail if that fact fails to attain that standard of proof that will
persuade the court to believe the statement of the claim” See FEMI FALANA & ANOR
V REPUBLIC OF BENIN & 2 OR ECW/CCJ/JUD/02/12 PG. 34.
70. Indeed, having failed to attain that standard of proof, the Respondent’s claim
fails, the facts surrounding the claim of the Applicant being more persuasive, the
Court holds that the Applicant has established a proprietary interest in the auctioned
property.
71. Another issue the Court must address is the argument of the Respondent that the
Applicant having known that his property was being mortgaged and took no step to
assert his ownership is statute barred and he has lost the property. The basic principle
of law regarding proof of ownership is that title and possession go hand in hand.
However, under certain circumstances, long uninterrupted possession of property
can confer ownership over and above a titleholder. In a recent case, the English Court
had this to say,
“However, in the English common law tradition, courts have long
ruled that when someone occupies a piece of property without
permission and the property's owner does not exercise their right to
recover their property for a significant period of time, not only is the
original owner prevented from exercising their right to exclude, but
an entirely new title to the property "springs up" in the adverse
possessor. In effect, the adverse possessor becomes the property's new
owner. Over time, legislatures have created statutes of limitations that
specify the length of time that owners have to recover possession of
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